LAWS(MPH)-2016-10-67

SHAHJAD KHAN Vs. RUBNINA KHAN

Decided On October 24, 2016
Shahjad Khan Appellant
V/S
Rubnina Khan Respondents

JUDGEMENT

(1.) This application is filed under Section 482 Cr.P.C. against the order passed by learned Additional Sessions Judge Badwah, district Khargone in Criminal Revision No.35/2013 dated 24.09.2014 whereby, the learned Additional Sessions Judge partly admitted the revision and modified the order passed by learned Judicial Magistrate 1st class Badwah, district Indore, West Madhya Pradesh in MJC No.21/09 dated 22.01.2013.

(2.) The relevant facts are that respondents filed an application under Section 125 Cr.P.C. before the learned Magistrate. According to the respondents, they are daughters and son of the applicant. Their mother Haneefa Sheikh was married to the plaintiff in the year 1989, according to muslims right and rituals. Due to their relationship the respondents were born. The application was filed on behalf of the respondents by their mother Hanifa Sheikh. Subsequently it was alleged that the respondent deserted the respondents and also married to another woman Nafeesa Bi in 2006. The applicant is working in the Union Bank.

(3.) The learned Magistrate found that respondent No.2 Salman was born on 14.06.1992 and therefore he was about 21 years and therefore no maintenance was granted to him similar to Rubina. It was admitted that she was married after filing of the application and therefore no maintenance was granted to her as well. Rs.3,500/- was awarded to respondent No.3 till she gets married.